Is it illegal to deposit cheques in mom’s account who had passed away?

[Rohitguy534]

R

Rohitguy534
PARTICIPANT
March 25, 2025 at 11:41 am

My mother passed away in 2023, but we have not yet informed her bank about her passing. Since then, any checks from the stock market issued in her name have been deposited into her bank account, with me signing for the deposits. I am not the nominee; my father is. When I previously suggested informing the bank, my father preferred to delay it. It’s 2025 and we’re still depositing cheques in her account.

We have not withdrawn any money from her account—only deposited checks. However, I am unsure whether this is legal or not. If it illegal,what steps should I take to ensure compliance and avoid legal trouble? Additionally, how can I convince the bank not to take legal action against us? Will my father, as the nominee, still be able to access the funds in her account?

Share

[Swiftlion6148]

S

Swiftlion6148
PARTICIPANT
March 25, 2025 at 11:50 am

Well it’s about 2years, you may just be committing tax fraud or enjoying tax saving. If IT department hears about this you’ll surely be in problems

Share

[Poonamknight142]

P

Poonamknight142
PARTICIPANT
March 26, 2025 at 2:57 am

You still have to file taxes on behalf of deceased people for stuff in their name. Had to do this for a year or two after my grandfather passed toll recording was sorted

Share

[Silentgirish7599]

S

Silentgirish7599
PARTICIPANT
March 25, 2025 at 11:51 am

Checks from stock market? Meaning did your deceased mom hold physical shares? You need to transfer those shares.

Share

[Swiftlion6148]

S

Swiftlion6148
PARTICIPANT
March 25, 2025 at 11:55 am

He’s a nominee not a co-holder of the account so no he can’t withdrawal anything as your mom is alive atleast for the bank so a nominee is useless unless you provide them her death certificate and legal heir certificate whatever required.

Banks check the accounts activity in your bank manager will do the same and any activity specially DEPOSITING CHEQUES will be flagged be ready to answer questions. 1-2 months is explainable but 2yrs I don’t think you should hire a lawyer who specialize in this. Keep it ready.

I may not be correct as am not familiar with current laws but I know some as my grandfather was a general manager of SBI.

Share

[Quickguru4523]

Q

Quickguru4523
PARTICIPANT
March 25, 2025 at 12:16 pm

I don’t think depositing money in a deceased account is troublesome until of course money is from an illegal source you may request the bank for the updated statement of the account and immediately do the needful to get the money transferred to your father’s account now and In future

Share

[Khushistar405]

K

Khushistar405
PARTICIPANT
March 25, 2025 at 12:48 pm

Definitely not gonna be easy taking money out of that account now. Pls contact your bank asap and let them know and complete the paperwork for transfer of funds to the nominee

Share

[Coolpriyanka1949]

C

Coolpriyanka1949
PARTICIPANT
March 25, 2025 at 1:38 pm

I will strongly recommend you to stop depositing the money. If you try to close the bank account with proper docs, there are chances that the bank will take some legal actions against you as what you are doing is not legal.
That being said, you should withdraw all the money possible using the debit card and leave the bank account to become dormant. No action to be taken on it anymore.
I would also suggest you to Consult a CA on this matter.

Share

[Rapidshark6005]

R

Rapidshark6005
PARTICIPANT
March 25, 2025 at 2:50 pm

It can amount to fraud once the bank comes to know the Date of your Mother’s death from the Death Certificate.You have deliberately withheld the information and any transaction from the date of expiry will warrant strict scrutiny.

Share

[Wisepanda3567]

W

Wisepanda3567
PARTICIPANT
March 25, 2025 at 4:19 pm

Which bank is it? Use WhatsApp banking or internet banking to apply for a atm. Withdraw everything using ATM and stop using the account

Share

[Braveninja1446]

B

Braveninja1446
PARTICIPANT
March 25, 2025 at 4:37 pm

Should inform bank asap as its contempt of court

Share

[Brightarushi2367]

B

Brightarushi2367
PARTICIPANT
March 25, 2025 at 6:15 pm

I think the best course of action would be to withdraw money in small amounts

Share

[Author]

Posts